In August 2011, the National Labor Relations Board issued a rule requiring employers subject to Board jurisdiction to post a “Notification of Employee Rights under the National Labor Relations Act.” The required poster provided employees with a comprehensive listing of their rights under the National Labor Relations Act, including a detailed list of what the NLRA prohibited their employers from doing.

Under the new rule, employers that failed to post the notice on their property, and on their intranet and websites, would be guilty of an unfair labor practice. An employer’s failure to post the notice also tolled the NLRA’s limitations period for filing unfair labor practice charges, and could be used against an employer as evidence of illegal motive in other, unrelated unfair labor practice charges.